Many iwi have concluded their Treaty of Waitangi settlements but a number are still in the process of doing so.  Establishment of a Post-Settlement Governance Entity (PSGE) is an integral step in the settlement journey and important for the future success of iwi claimant groups.

What do you do when a debtor company asks you for Business Debt Hibernation?  Business Debt Hibernation allows companies affected by COVID-19 to put in place a one month voluntary arrangement whereby creditors are paid a percentage of outstanding debt, with the balance delayed.  Under the new Schedule 13 of the Companies Act 1993, where debtors require further time, and if creditors agree, a further period of six months protection can be arranged.

The COVID-19 lockdown has caused significant issues when it comes to commercial leases. The Government has recently announced a proposal for small business commercial tenants and landlords who cannot reach an agreement on a fair reduction in rent to enter into a subsidised, compulsory arbitration process. So what exactly is an arbitration process?

As part of the Budget 2020 package, the government extended the Wage Subsidy to allow an extra 8 weeks of coverage per employee to provide continued support to those businesses who are still impacted after the Wage Subsidy ends.  In this article we look at what the subsidy will provide, the criteria for a claim and the employer obligations if the subsidy is granted. 

Buying and selling property has been challenging across the Covid-19 Alert Levels. The key steps in property transactions can be completed at Levels 3 and 2 where health precautions are followed, and the good news is that open homes and auctions will be back on the menu at Level 2. In this article we outline the key steps for successful property settlements. 

In most commercial contracts there are dispute resolution clauses which govern how parties are to try and resolve disputes.  A recent High Court case demonstrates the importance of following the dispute resolution process set out in contracts.

Many employees are currently working from home. The COVID-19 level 4 lockdown does not negate an employer’s health and safety obligations under the Health and Safety at Work Act 2015. This article covers initiatives employers can implement into their health and safety policy to show manaakitanga  and ensure the safety and wellbeing of employees.

Since the announcement of the Government’s COVID-19 Wage and Leave Subsidies we have received a number of questions about how they are to be applied.  Advice on specific queries may be required but we address these general pātai in this article.

Business owners are understandably concerned as to the implications that COVID-19 will have on their business and employees, and how to navigate through the uncertainty.  In response, the government have issued the Wage and Leave Subsidies to support the economy and business community through difficult times. The first step is to understand the basics and determine which subsidy should apply for your case. 

With the current restrictions placed on New Zealand due to Covid-19, many people may now be considering the use of electronic signatures for legal documents.  In this article we summarise the law on the use of electronic signatures and discuss the differences between “digital signatures” and other forms of electronic signature.    

Many commercial tenants are currently unable to access their premises to operate their businesses due to the COVID-19 Level 4 Government restrictions. This is prompting discussions between landlords and tenants around rent reductions and other relief measures, and both need to be aware of their obligations and the need to act in good faith.

During this time of uncertainty there is understandable anxiety and concern about the implications of Covid-19 on many fronts. This is certainly the case for many employers and employees across the country. We have seen employers going above and beyond for their employees and adapting to this unique situation. When considering solutions, understanding the legal rights and obligations is important.

What are some of the business law issues arising from the COVID-19 (novel coronavirus) pandemic? In particular, what scope is there to invoke contractual force majeure provisions? 

Trust Law in New Zealand is finally getting the upgrade it needs after more than 60 years have passed since the Trustee Act 1956 was enacted.  On 30 January 2021, the Trusts Act 2019 will replace the 1956 Act, triggering a review of the estimated 300,000-500,000 trusts in New Zealand.  If you are a settlor, trustee, or a beneficiary of any trust (including a charitable trust) there are some important things you need to know.

Think you need to make some changes to the current roles within your team? Maybe the business isn’t doing so well or just lost a major contract? Or do recent changes to your systems or technology mean that you just don’t need people doing the same mahi anymore? Sounds like you might need to look at a restructure process.